Electronic judicial services usher in additional bailiff expenses
In the Düsseldorf state parliament, SPD legal expert Sonja Bongers has highlighted the need for a reevaluation of the remuneration regulation for bailiffs in NRW. This call comes in response to the costs incurred by the introduction and operation of electronic legal communication (Elektronischer Rechtsverkehr) in the justice system.
Electronic legal communication is a newly introduced aspect in the bailiffs' work, and it has brought about significant costs for these public servants. The costs associated with the acquisition and operation of the necessary equipment, software, training, and extended handling times are not covered by the current remuneration for bailiffs.
Bailiffs perform tasks for the public good, not voluntarily or for personal enjoyment. Yet, the costs associated with electronic legal communication were not considered when the remuneration order for bailiffs was introduced in 2014.
Bongers has suggested that an official evaluation is necessary to determine the one-time costs to be reimbursed for the mentioned acquisitions and office restructuring. Moreover, she has emphasized the need for a new remuneration regulation that adequately addresses these costs.
If the remuneration is insufficient, a hardship application can be made according to section 5 GVVergVO. However, the process and approval can vary depending on case specifics, administrative discretion, and whether the additional expenses are recognized as justified by the courts or overseeing authorities.
The justice system in NRW must adapt to technological advancements, including the introduction of electronic legal communication. Yet, the reimbursement of additional costs incurred by bailiffs in NRW due to these electronic processes remains a subject of regulatory and procedural development.
As of the most recent information, there is no fully standardized or automatic reimbursement mechanism universally in place across all NRW jurisdictions. Bailiffs may request reimbursement of such costs through fee claims regulated under the framework for judicial costs and bailiff fees, but approval and compensation can vary.
For the latest status, bailiffs and legal practitioners in NRW typically refer to official announcements from the Ministry of Justice of North Rhine-Westphalia, local judicial administrations, or professional bodies representing bailiffs, which occasionally publish updated guidelines or rulings on these reimbursement matters.
If you need detailed or case-specific advice, consulting directly with the relevant NRW court administration or a legal expert familiar with bailiff procedures in NRW would be advisable.
Finance for the necessary equipment, software, training, and extended handling times related to electronic legal communication in business processes of bailiffs is not currently adequately addressed in the remuneration regulation for bailiffs. Bongers' proposal for a reevaluation includes determining one-time costs for acquisitions and office restructuring, and establishing a new remuneration regulation to address these financial needs.
